News

Web to unpick: Administrators

Wednesday 3rd of April 2013

They addressed transtasman media via a phone conference last night.

FTI Consulting spokesman Justin Clark said it would be weeks, if not months, before the administrators completed a detailed report on whether any offences had been committed by LM.

The firm voluntarily called in administrators on March 19, when it became clear that it would not be able to meet its debt obligations.

But the debts are not huge. Aside from $9.9 million owed to investors, there is $1 million owed to employees and $13 million in funds management fees paid in advance.

LM Investment Management has charged quite high fund management fees, and two loans from LM’s Managed Performance Fund (MPF) to LM founder Peter Drake are believed to be being fingered as possible culprits for the company’s demise, although the administrators would not confirm that beyond saying they were investigating them.

On paper, LM Investment Management has $740 million in assets, ranging from cash, foreign currency, direct real property, commercial loans secured by first or second mortgages, and listed shares.

The MPF has $396.6 million in assets.

Clark said: “It’s an extremely large, complex web of transactions…. Cashflow in and out of funds is something we’re looking at.”

The loans in question are $17 million to Drake as a private individual, and $249 million to property development Madison Estate, which is owned by LM Investment Management.

There have been suggestions Madison, which is undergoing major earthworks, is not worth anything like that figure and an updated valuation has been requested, but not yet received.

Clark said the LM MPF was a second-ranked security behind Suncorp, which has a $19 million exposure it wants to be rid of.  He said the administrators were looking to refinance that debt to avoid receivership.

The MPF is in ASIC’s sights because it has been operating as an unregulated fund outside Australia’s Corporations Act. That means Australian retail investors cannot invest in it without complying with strict conditions.

The fund’s constitution, unlike those of regulated funds, says the trustee must resign if administrators are appointed. “Although LMIM remains currently the MPF trustee, in light of these concerns the administrators after consultation with ASIC have determined to make an application to the Supreme Court of Queensland to be appointed receivers of the assets of MPF.”

The administrators must file a report by July 25. Clark said they were going through every loan to ensure the impairment provisions were fair and reasonable. He said it was too early to estimate any returns to investors or creditors.

LM Admin is believed to have about $31 million in related party loans.

Comments (3)
alan clarke
The fund virtually collapsed due to management fund selection. Most people only got 60 cents because ComCom put the heat on the promoters to cough up. And then some more due to some unusual FDR tax rules. And some lucky ones got a little more due again to ComCom pressure. I doubt that any of those extra amounts are due to anything that you did!
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11 years ago

John Milner
Bill it's time you moved on from this. David did stick around and faced the music. Unlike a number of advisers that refuse to this day to accept any portion of blame. I guess they were just innocent order takers and not advisers.
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11 years ago

alan clarke
I hope advisers are not going to take commissions from LM - a fund where investors have received nothing for 4 years. As far as ING, LM & Trilogy go, all three get a no confidence vote from me
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11 years ago

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